Criminal Code of Canada - section 683(2) - Parties entitled to adduce evidence and be heard

section 683(2)

INTRODUCTION AND BRIEF DESCRIPTION

Parties or their counsel have the right to examine and cross-examine witnesses and present evidence in proceedings under this section, including inquiries.

SECTION WORDING

683(2) In proceedings under this section, the parties or their counsel are entitled to examine or cross-examine witnesses and, in an inquiry under paragraph (1)(e), are entitled to be present during the inquiry, to adduce evidence and to be heard.

EXPLANATION

Section 683(2) of the Criminal Code of Canada outlines the rights of parties or their counsel in proceedings under this section. This section specifically applies to proceedings relating to a convicted person's release on parole. This section affirms the right of the parties or their counsel to examine or cross-examine witnesses and participate in the inquiry, adding further transparency and accountability to the process. In a parole hearing, the convicted person and their counsel are given the opportunity to present evidence in support of the application for parole release. The prosecution also has the chance to present evidence that the convicted person may not be suitable for parole. In such proceedings, all parties have the right to examine or cross-examine witnesses to evaluate the credibility of the presented evidence. Moreover, in an inquiry under paragraph (1)(e), parties or their counsel have the right to be present during the inquiry, to adduce evidence and to be heard. This provision ensures that all parties can participate and make their opinions heard during the proceedings, promoting a fair and just outcome. To conclude, Section 683(2) of the Criminal Code of Canada is an essential provision that entitles all parties to a fair and transparent parole hearing. It ensures that all evidence presented is subjected to scrutiny, and all parties have an equal opportunity to present their case.

COMMENTARY

Section 683(2) of the Criminal Code of Canada is a crucial provision when it comes to criminal proceedings in Canada. This provision spells out the rights that parties involved in criminal proceedings in Canada should enjoy during the proceedings. The section provides for rights that are fundamental to ensuring that proceedings are fair, transparent, and free from error. The rights listed in this section are present in many judicial systems worldwide, indicating their importance in upholding the principles of justice in any justice system. One of the essential rights that Section 683(2) provides is the right to examine and cross-examine witnesses. Through this right, parties can test and confirm information provided by witnesses, which is crucial in determining the credibility of evidence presented. The right to examine and cross-examine witnesses ensures that parties can clarify any issues arising and obtain information missed during the examination-in-chief. This significant right ensures that the rights of both the accused and the victims of crime are protected, and justice is served based on factual evidence. Another crucial right provided under section 683(2) is the right to be present during the inquiry and to adduce evidence. These rights are essential to ensure that proceedings are transparent and fair. The right of parties to adduce their evidence ensures that their side of the story gets presented, and justice is served based on factual information. The ability to be present during the inquiry also stems from the fundamental principle of natural justice, which requires that parties to a dispute should have a fair and impartial hearing. By allowing parties to be present during an inquiry, this ensures that any potential biases or prejudices within the justice system can be kept in check. Furthermore, section 683(2) ensures that parties are entitled to be heard. This right ensures that all parties have the opportunity to express their opinions and views regarding matters that affect them. This right is essential in ensuring that decisions made during proceedings are fair and just and take into account the views of all parties involved. It ensures that parties have the opportunity to present their defense or provide justification for any actions taken. This right is essential in safeguarding the rights of the accused in particular, ensuring that they have a fair opportunity to present their case and provide input regarding the decisions made. In conclusion, Section 683(2) is a vital section of the Criminal Code of Canada that outlines the fundamental rights that parties should have during proceedings. The rights provided under this section play a crucial role in upholding the principles of justice, ensuring that proceedings are transparent, fair, and free from error. Through this section, parties enjoy the right to examine and cross-examine witnesses, adduce evidence, be present during the inquiry, and be heard. These rights are essential in upholding the principles of natural justice and ensuring that justice is served based on factual evidence. As such, Section 683(2) remains a crucial provision in promoting an effective and fair justice system in Canada.

STRATEGY

Section 683(2) of the Criminal Code of Canada provides parties or their counsel with the right to examine or cross-examine witnesses and to be present during an inquiry. In the context of criminal proceedings, these rights are critical as they enable the parties to challenge evidence, identify weaknesses in opposing positions, and present their own evidence effectively. Therefore, when dealing with this section of the Criminal Code of Canada, parties need to consider several strategic considerations to protect and advance their interests. One crucial consideration is the timing of the examination or cross-examination of witnesses. The timing and order of witness examinations can have a significant impact on the outcome of the trial. For instance, if a party cross-examines a key witness too early, they may reveal their strategy to the opposing counsel who may have the opportunity to adjust their case accordingly. On the other hand, if a party cross-examines a witness too late, the damage may already have been done, and it may be challenging to alter the course of the trial. Therefore, a strategic approach would be to assess the strengths and weaknesses of each witness and determine the appropriate time to present evidence or cross-examine. Parties may also consider the order in which witnesses are called to minimize the potential for the opposing counsel to adapt to their strategy. Another strategic consideration is the choice of questions asked during examination or cross-examination. Effective questioning is crucial to uncovering the truth, challenging the opposing parties' case, and presenting a compelling argument. Parties must ensure that their questioning is focused and relevant to the case at hand to avoid wasting time on unnecessary matters. Furthermore, parties must also be prepared to adjust their questioning strategy based on the answers received. If a witness provides unexpected or adverse evidence, a party may need to change their approach to minimize the damage. A third strategic consideration is the preparation and presentation of evidence. Parties must ensure that the evidence they present is relevant, reliable, and admissible. Additionally, parties must present evidence in a clear and organized manner to convey its significance to the court effectively. Moreover, parties must also prepare for the opposing counsel's cross-examination of their evidence. This involves anticipating potential criticisms and developing responses to refute any challenges effectively. In conclusion, Section 683(2) of the Criminal Code of Canada provides parties or their counsel with significant rights during criminal proceedings, including the right to examine or cross-examine witnesses. To protect and advance their interests, parties must carefully consider the timing and order of witness examinations, the choice of questions asked, and the preparation and presentation of evidence. By employing effective strategies in light of these considerations, parties can present compelling arguments and increase their chances of success in court.